[Congressional Record Volume 158, Number 97 (Tuesday, June 26, 2012)]
[House]
[Pages H4011-H4014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1650
        AVIATION SECURITY STAKEHOLDER PARTICIPATION ACT OF 2012

  Mr. KING of New York. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 1447) to amend title 49, United States Code, to 
direct the Assistant Secretary of Homeland Security (Transportation 
Security Administration) to establish an Aviation Security Advisory 
Committee, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1447

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Aviation Security 
     Stakeholder Participation Act of 2012''.

     SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.

       (a) In General.--Subchapter II of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 44946. Aviation Security Advisory Committee

       ``(a) Establishment.--The Assistant Secretary shall 
     establish within the Transportation Security Administration 
     an advisory committee to be known as the Aviation Security 
     Advisory Committee.
       ``(b) Duties.--
       ``(1) In general.--The Advisory Committee shall be 
     consulted by and advise the Assistant Secretary on aviation 
     security matters, including the development and 
     implementation of policies, programs, rulemaking, and 
     security directives pertaining to aviation security.
       ``(2) Recommendations.--
       ``(A) In general.--The Advisory Committee shall develop, at 
     the request of the Assistant Secretary, recommendations for 
     improvements to aviation security.
       ``(B) Recommendations of working groups.--Recommendations 
     agreed upon by the working groups established under this 
     section shall be approved by the Advisory Committee for 
     transmission to the Assistant Secretary.
       ``(3) Periodic reports.--The Advisory Committee shall 
     periodically submit to the Assistant Secretary--
       ``(A) reports on matters identified by the Assistant 
     Secretary; and
       ``(B) reports on other matters identified by a majority of 
     the members of the Advisory Committee.
       ``(4) Annual report.--The Advisory Committee shall submit 
     to the Assistant Secretary an annual report providing 
     information on the activities, findings, and recommendations 
     of the Advisory Committee, including its working groups, for 
     the preceding year.
       ``(c) Membership.--
       ``(1) Appointment.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this section, the Assistant Secretary shall 
     appoint the members of the Advisory Committee.
       ``(B) Composition.--The membership shall consist of 
     individuals representing not more than 27 member 
     organizations. Each organization shall be represented by one 
     individual (or the individual's designee).
       ``(C) Representation.--The membership shall include 
     representatives of air carriers, all cargo air 
     transportation, indirect air carriers, labor organizations 
     representing air

[[Page H4012]]

     carrier employees, aircraft manufacturers, airport operators, 
     general aviation, privacy, the travel industry, and the 
     aviation technology security industry, including biometrics.
       ``(2) Removal.--The Assistant Secretary may review the 
     participation of a member of the Advisory Committee and 
     remove the member for cause at any time.
       ``(3) Prohibition on compensation.--The members of the 
     Advisory Committee shall not receive pay, allowances, or 
     benefits from the Government by reason of their service on 
     the Advisory Committee.
       ``(4) Meetings.--The Assistant Secretary shall require the 
     Advisory Committee to meet at least semiannually and may 
     convene additional meetings as necessary.
       ``(d) Air Cargo Security Working Group.--
       ``(1) In general.--The Assistant Secretary shall establish 
     within the Advisory Committee an air cargo security working 
     group to provide recommendations on air cargo security 
     issues, including the implementation of the air cargo 
     security programs established by the Transportation Security 
     Administration to screen air cargo on passenger aircraft and 
     all-cargo aircraft in accordance with established cargo 
     screening mandates.
       ``(2) Meetings and reporting.--The working group shall meet 
     at least quarterly and submit information, including 
     recommendations, regarding air cargo security to the Advisory 
     Committee for inclusion in the annual report. The submissions 
     shall include recommendations to improve the Administration's 
     cargo security initiatives established to meet the 
     requirements of section 44901(g).
       ``(3) Membership.--The working group shall--
       ``(A) include members of the Advisory Committee with 
     expertise in air cargo operations; and
       ``(B) be cochaired by a Government and industry official.
       ``(e) General Aviation Security Working Group.--
       ``(1) In general.--The Assistant Secretary shall establish 
     within the Advisory Committee a general aviation working 
     group to provide recommendations on transportation security 
     issues for general aviation facilities, general aviation 
     aircraft, and helicopter operations at general aviation and 
     commercial service airports.
       ``(2) Meetings and reporting.--The working group shall meet 
     at least quarterly and submit information, including 
     recommendations, regarding aviation security at general 
     aviation airports to the Advisory Committee for inclusion in 
     the annual report.
       ``(3) Membership.--The working group shall--
       ``(A) include members of the Advisory Committee with 
     expertise in general aviation; and
       ``(B) be cochaired by a Government and industry official.
       ``(f) Perimeter Security Working Group.--
       ``(1) In general.--The Assistant Secretary shall establish 
     within the Advisory Committee an airport perimeter security 
     working group to provide recommendations on airport perimeter 
     security and access control issues.
       ``(2) Meetings and reporting.--The working group shall meet 
     at least quarterly and submit information, including 
     recommendations, regarding improving perimeter security and 
     access control procedures at commercial service and general 
     aviation airports to the Advisory Committee for inclusion in 
     the annual report.
       ``(3) Membership.--The working group shall--
       ``(A) include members of the Advisory Committee with 
     expertise in airport perimeter security and access control 
     issues; and
       ``(B) be cochaired by a Government and industry official.
       ``(g) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Committee or its working groups.
       ``(h) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Advisory committee.--The term `Advisory Committee' 
     means the Aviation Security Advisory Committee to be 
     established under subsection (a).
       ``(2) Annual report.--The term `annual report' means the 
     annual report required under subsection (a).
       ``(3) Assistant secretary.--The term `Assistant Secretary' 
     means the Assistant Secretary of Homeland Security 
     (Transportation Security Administration).
       ``(4) Perimeter security.--The term `perimeter security'--
       ``(A) means procedures or systems to monitor, secure, and 
     prevent unauthorized access to an airport, including its 
     airfield and terminal; and
       ``(B) includes the fence area surrounding an airport, 
     access gates, and access controls.''.
       (b) Clerical Amendment.--The analysis for such subchapter 
     is amended by adding at the end the following:

``44946. Aviation Security Advisory Committee.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. King) and the gentleman from Mississippi (Mr. Thompson) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks and include any extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. KING of New York. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of H.R. 1447, the Aviation Security Stakeholder 
Participation Act of 2012. I commend Ranking Member Thompson for his 
dedicated work in this area.
  The FAA established the Aviation Security Advisory Committee in 1989 
following the bombing of Pan American World Airways Flight 103. When 
TSA was created, the sponsorship of ASAC transferred to TSA, and it 
continued to provide a mechanism for industry and other outside 
stakeholders to inform the Federal Government's decisionmaking on 
aviation security matters.
  Despite its important contributions to security, TSA allowed the 
ASAC's charter to expire. Last year, TSA revived the ASAC with the 
strong support of industry. Homeland Security Secretary Napolitano 
subsequently appointed 24 new ASAC members.
  H.R. 1447 simply codifies the ASAC, which exists today, and ensures 
that it remains intact, providing necessary stakeholder guidance to 
TSA. It establishes important working groups focused on air cargo, 
general aviation, and airport perimeter security, all of which have 
unique challenges that require a collaborative effort to solve.
  In these difficult economic times, it is essential for TSA to get the 
input of stakeholders on security procedures and technology to ensure 
that it is spending its limited resources on initiatives that will 
enhance security for the traveling public without compromising the 
freedom of people and goods to move freely.
  I urge the adoption of this bipartisan bill, and I reserve the 
balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  I rise in strong support of H.R. 1447, the Aviation Security 
Stakeholder Participation Act. Mr. Speaker, effective coordination 
between stakeholders and their regulators is critical to the 
implementation of policies that work. To that end, we have the 
responsibility to ensure that policy is informed by the realities on 
the ground. Arguably, nowhere is the need for policy coordination more 
important than at our Nation's airports.
  Given that the aviation sector remains an attractive target for 
terrorists, the difference between a security policy that works and one 
that does not can be all that stands between life and death.
  That is why I introduced H.R. 1447, the Aviation Security Stakeholder 
Participation Act. This legislation will ensure that the voices of 
those subject to policies and protocols put in place by TSA are heard 
and their recommendations are considered. It does so by directing the 
TSA to establish an Aviation Security Advisory Committee.
  For years, such an advisory committee existed and worked effectively 
with TSA on matters such as aviation security methods, equipment, and 
procedures. For instance, in 2003, the ASAC's cargo working group, 
which included the Cargo Airline Association, made recommendations that 
formed the basis of TSA's program for 100 percent screening of air 
cargo. Unfortunately, during the last administration, the charter for 
this advisory committee was allowed to lapse, and the committee ceased 
operations.

  While I am pleased that in response to my bill, the Obama 
administration reestablished this committee on its own authority, I 
strongly believe that it is critical that the Aviation Security 
Advisory Committee be codified in law to ensure that TSA's aviation 
security policy continues to be informed by the private sector. That is 
why my bill would, for the first time, establish the Aviation Security 
Advisory Committee in statute and require representatives from up to 27 
member organizations participate.

[[Page H4013]]

  I introduced H.R. 1447 in April of 2011, with the ranking member of 
the Transportation Security Subcommittee of the Committee on Homeland 
Security, Representative Jackson Lee. It was favorably reported on a 
bipartisan basis in November 2011.
  TSA has the responsibility to secure the American public from threats 
posed to our transportation sector. However, it cannot do so in a 
vacuum. TSA must leverage technical and operational expertise from our 
Nation's airports to deliver a collaborative and robust security system 
across our aviation sector. Strong partnerships with aviation 
stakeholders are critical to informing aviation security policy.
  Just last month, the committee received testimony from the Airport 
Minority Advisory Council about arbitrary limitations set forth by TSA 
on the issuance of airport worker badges to airport-based small 
businesses, like newsstands, coffee, and souvenir shops. Since then, 
TSA has committed to reevaluate the policy and work with the private 
sector to address the concerns raised.
  This is just one example of how a TSA policy--developed without input 
from the advisory committee--was not informed by economic realities. 
Now TSA is in the position of having to revisit this and other ill-
informed policies to ensure that they enhance security in a manner that 
does not unduly burden the private sector.
  My bill also directs the administrator of TSA to establish three 
targeted working groups to address the unique homeland security 
challenges related to air cargo security, general aviation security, 
and perimeter security.
  Mr. Speaker, all of us have a stake in ensuring the security of our 
Nation. Let us pass this bill so that stakeholders who are expected to 
comply with the policies and procedures developed by TSA have a seat at 
the table. That way, we can be confident that TSA's policies are both 
effective from the security standpoint and address the economic and 
commercial realities of our Nation's airports.
  Before reserving the balance of my time, Mr. Speaker, I would like to 
engage in a brief colloquy with the gentleman from New York, the 
chairman of the Committee on Homeland Security, Mr. King.
  Mr. Speaker, as this bill has made its way to the House floor, the 
chairman and I have been engaged in ongoing dialogue over how to strike 
the right balance on who should be represented on the Aviation Security 
Advisory Committee. I am dedicated to ensuring that the voices of 
passengers and small and minority-owned businesses impacted by TSA's 
policies, procedures, and regulations are heard. It is important 
persons representing those groups have a seat at the table when TSA 
makes decisions that affect both passengers' rights and businesses' 
bottom line.
  With that, Mr. Speaker, I yield to the gentleman from New York for 
his assurance that as this bill continues its movement through the 
legislative process, he will work with me to ensure these important 
populations are included in this Aviation Security Advisory Committee 
legislation.
  Mr. KING of New York. Mr. Speaker, I thank the ranking member for 
yielding.
  I agree to work with him moving forward to ensure that this issue is 
addressed in a manner to ensure this participation.
  Mr. THOMPSON of Mississippi. I thank the gentleman from New York for 
his commitment.
  I reserve the balance of my time.
  Mr. KING of New York. Mr. Speaker, I have no further requests for 
time. If the gentleman from Mississippi has, no further requests for 
time, I am prepared to close, once the gentleman does.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I have no further requests 
for time. Since the gentleman from New York is prepared to close, I 
also am prepared to close.
  I would like to express my gratitude to all the members of the 
Committee on Homeland Security for their unanimous support of this 
legislation when it was considered by the committee last September.

                              {time}  1700

  While the Committee on Homeland Security has not been as active on 
the legislative front as I had hoped it would be this Congress, I am 
pleased that several discrete bills introduced by both Democrats and 
Republicans have received bipartisan support on the House floor during 
the last month.
  Mr. Speaker, I urge all my colleagues to vote ``aye'' on the Aviation 
Security Stakeholder Participation Act, and I yield back the balance of 
my time.


                                      U.S. Travel Association,

                                                    June 25, 2012.
     Hon. Peter King,
     Chairman, House Committee on Homeland Security, Washington, 
         DC.
     Hon. Bennie G. Thompson,
     Ranking Member, House Committee on Homeland Security, 
         Washington, DC.
       Dear Chairman King and Ranking Member Thompson: On behalf 
     of the U.S. Travel Association, I write in strong support of 
     H.R. 1447, the ``Aviation Security Stakeholder Participation 
     Act of 2011'', which is on the House of Representatives 
     suspension calendar for tomorrow, June 26.
       As you know, H.R. 1447 reconstitutes and codifies the 
     Aviation Security Advisory Committee (ASAC), provides the 
     Department of Homeland Security (DHS) and the Transportation 
     Security Administration (TSA) with an updated vision for 
     engaging aviation security stakeholders and, importantly, 
     updates the categories of organizations considered for ASAC 
     membership. The bill will help to strengthen aviation 
     security, assist in the development of a more efficient 
     passenger screening process, and enhance the existing 
     relationship between TSA and the travel industry.
       Restarting the ASAC was a key recommendation of our report 
     on aviation security, titled ``A Better Way'', which sets out 
     a clear path for improving the TSA passenger screening 
     process.
       Thank you for your support of this legislation, and we look 
     forward to working with you on the many aviation security 
     issues facing our nation's commercial aviation passengers.
           Sincerely,
                                                     Roger J. Dow,
     President and CEO.
                                  ____

                                                    June 25, 2012.
     Hon. Bennie Thompson,
     Ranking Member, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Ranking Member Thompson: On behalf of the members of 
     the Cargo Airline Association, I am writing to thank you for 
     the introduction of H.R. 1447, the Aviation Stakeholder 
     Participation Act. This Bill would require the re-
     establishment of an Aviation Security Advisory Committee 
     (ASAC) to facilitate communications between the 
     Transportation Security Administration (TSA) and the aviation 
     industry.
       Historically, the ASAC formed the basis of major 
     initiatives, with industry members working closely with 
     Government Agencies to address a variety of security-related 
     issues. These issues have been traditionally discussed in 
     various Working Groups established under the ASAC umbrella. A 
     prime example of the utility of this structure was the 
     establishment of three air cargo Working Groups formed to 
     develop proposed new regulations to address air cargo 
     security threats after the September 11, 2001, attacks. The 
     recommendations of these Working Groups eventually formed the 
     basis of an entirely new TSA air cargo regulatory scheme. 
     Unfortunately, the ASAC charter expired several years ago and 
     today no government-industry advisory committee exists.
       H.R. 1447 would correct this problem and contains a 
     mandate, not only for ASAC itself, but also for various 
     Working Groups that would address the key issues of the day. 
     This re-establishment of ASAC is long overdue and we support 
     your efforts. Please do not hesitate to contact us if you 
     have any questions.
           Sincerely yours,
                                              Stephen A. Alterman,
     President.
                                  ____



                               Airports Council International,

                                                    June 25, 2012.
     Hon. Bennie G. Thompson,
     Ranking Member, House Committee on Homeland Security, 
         Washington, DC.
       Dear Ranking Member Thompson: On behalf of the Airports 
     Council International--North America (ACI-NA), which 
     represents 334 local, regional, and state governing bodies 
     that own and operate commercial airports throughout the 
     United States, I am pleased to offer our endorsement of H.R. 
     1447, the Aviation Security Stakeholder Participation Act of 
     2011.
       Airport operators have long advocated for the 
     Transportation Security Administration (TSA) to re-establish 
     the Aviation Security Advisory Committee (ASAC). The ASAC 
     allowed aviation stakeholders, including airport operators to 
     advise TSA on aviation security policies, programs, 
     rulemakings and security directives pertaining to aviation 
     security. H.R. 1447 would allow the ASAC once again to 
     provide valuable input into TSA's proposed rules, security 
     directives and aviation security programs which help protect 
     airports, airlines and their passengers.
       Again, thank you for your continued support of airport 
     operators and on recognizing the value of having stakeholder 
     input into

[[Page H4014]]

     aviation security programs and TSA regulations. We look 
     forward to working with you on the passage of H.R. 1447.
           Sincerely,

                                              Greg Principato,

                       President, Airports Council International--
                                                    North America.

  Mr. KING of New York. Mr. Speaker, the private sector is a vital 
partner in transportation security, and the ASAC ensures that industry 
has a seat at the table as the government works to make our homeland 
more secure.
  I urge the adoption of this bipartisan bill, and I yield back the 
balance of my time.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of 
H.R. 1447, ``Aviation Security Stakeholder Participation Act of 2011.'' 
Currently the Transportation Security Administration's (TSA's) Aviation 
Security Advisory Committee advises the Assistant Secretary of Homeland 
Security on issues related to aviation security. This bill:
  (1) authorizes the existence of the Aviation Security Advisory 
Committee,
  (2) ensures key stakeholders with first knowledge of the security 
challenges our aviation system faces have a voice when TSA is 
considering implementing security policies and
  (3) establishes specific working groups to address cargo, perimeter 
and general aviation.
  I firmly believe that more can be done to protect and improve upon 
the security of our Nation's airways which is why I have consistently 
introduced legislation to improve our Nation's defense against security 
threats. The District I represent in Houston, Texas is home to two of 
the world's busiest airports, and the Johnson Space Center. Air 
transportation in the Houston metro area is about 30% above the 
national average and in Texas, the aviation industry employs nearly 
200,000 people. We need to ensure that all cargo flight operations are 
secure, protect aircraft from laser attacks, and implement a threat-
based security system.
  Because of the necessity of H.R. 1447's implications, it already has 
the support of the U.S. Travel Association, Cargo Airline Association 
and the Airports Council International--North America. In addition it 
has received the unanimous support of the Committee on Homeland 
Security.
  Mr. Speaker, these entities and the Homeland Security Committee 
recognize it is imperative to continue to ensure to strengthen the 
aviation industry's effort to make sure all travelers and cargo are 
safe traveling within and through the United States.
  Enhanced security protects our economic interests: air cargo is over 
a $60 billion industry, and according to the International Air 
Transport Association, transports 35% of the value of goods traded 
globally. More importantly, implementing this bill will protect our 
citizens. Well trained employees and representatives are essential in 
recognizing suspicious activity and people that want to endanger our 
travelers.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. King) that the House suspend the rules and 
pass the bill, H.R. 1447, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. KING of New York. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________